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2023.05.16 Motion for Sanctions 133
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.16
Excerpt: ... R. Ct. 2.30(c.) It appears that Defendant contends that Plaintiff violated Cal. R. Ct. 3.1308(a)(1) which provides: The court must make its tentative ruling available by telephone and also, at the option of the court, by any other method designated by the court, by no later than 3:00 p.m. the court day before the scheduled hearing. If the court desires oral argument, the tentative ruling must so direct. The tentatve ruling may also note any issu...
2023.05.12 Motion for Judgment on the Pleadings 005
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.12
Excerpt: ...dgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. 5452 provides that "[i]n the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." If the motion for judgment on the pleadings is granted, it may be granted with or without leave to amend. ...
2023.05.10 Motion to Compel Further Production of Docs 353
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.10
Excerpt: ... are asserted against Defendant Hua Guo (a former property manager and corporate signer of Bloomage) and her related alter ego Defendants for Defendants' wrongful conversion of Bloomage's corporate funds. Plaintiff retained a forensic accountant to determine the extent of Defendants' wrongdoing and discovered that Defendants took at least $1.85 million directly from Bloomage's accounts, which is at least $1.25 million in excess of what Hua Guo co...
2023.05.09 Motion to Expunge Lis Pendens 106
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.09
Excerpt: ...d title to the real property that it acquires; but instead transfers the property to a separate holding company that it owns and controls, and secures the interest of the investors by assigning them a membership interest in the new entity. (ld.) In mid-2021, Defendants Balcor, LLC ("Balcor") and Sam Ostayan ("Mr. Ostayan") (collectively, the "Balcor Defendants") listed a real property located at 11325 Magnolia Avenue, Riverside, California (the "...
2023.05.08 Motion to Compel Arbitration 008
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.08
Excerpt: ...hase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (See Keithly Dec., Exhibit A.) The only parties to the RISC are Plaintiff and the now dismissed dealer, Fritts Ford. FMC is not and does not claim to be an employee, agen...
2023.05.04 Demurrer to SAC 317
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.04
Excerpt: ...failed to implement policies and procedures to prevent the spread of Covid-19 in County jails and failed to adequately screen for Covid-19 or do an analysis of the jail population to assess risks and create additional space in the facilities. The operative compliant is the second amended complaint. It asserts the following causes of acton: (1) 42 U.S.C. S 1983 and (2) 42 U.S.C. S 1983 (Monell Liability). Defendants contend that Plaintiffs sue thr...
2023.05.04 Demurrer to FAC 018
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.04
Excerpt: ...ally operative language, assuming there is no genuine dispute regarding the document's authenticity"; and "the legal effect of the recorded document, when that effect is clear from its face." (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 255, 255, disapproved on other grounds by Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919; see Poseidon Development, Inc. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1118 [jud...
2023.05.02 Motion to Set Aside Dismissal on Complaint 517
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.05.02
Excerpt: ..., CPG: Civ. Proc. Before Trial (TRG 2023) S 11:6 citing, O'Dell v. Freightliner corp. (1992) 10 cal.App.4th 645, 659.) (emphasis added.) A "dismissal is effective on tender, and all subsequent proceedings are void (other than issues relating to an award of attorney fees and costs or attacking the validity of the dismissal.)" (ld. S 11:6.1.) (emphasis added.) A voluntary dismissal of an entire action deprives the court of both subject matter and p...
2023.04.28 Motion for Sanctions 123
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.28
Excerpt: ...) strict liability failure to warn; 4) negligent products liability; and 5) negligence. Plaintiff alleges that on or before December of 2017, Defendants, including TRS, engaged in business with Plaintiff's former employer, Alpha Materials, Inc. (Alpha), "to sell/purchase design, manufacture, distribute, install, service, maintain, repair, and preventatively inspect tires for [Alpha's] commercial vehicles, trucks and trailers, which included the S...
2023.04.25 Motion for Sanctions 489
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.25
Excerpt: ...emises are a skilled nursing care facility and a residential care facility (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA" or "Defendant") and Corona RCFE, LLC (RCFE) ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agreement through which Versacare sold the leased premises to CCV. CCV also alleges that the lessees failed to obtain the requ...
2023.04.24 Motion to Compel Arbitration 225
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.24
Excerpt: ... create conflicting rulings on common issues. (CCP S 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petiton/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (CRC 3.1330...
2023.04.21 Motion to Compel Further Responses, Demurrer, Motion to Strike 317
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.21
Excerpt: ...3.290(b)(1). Based on County's counsel's declaration, it appears that the parties exchanged written communications in an attempt to resolve this matter. (Declaration of Christopher D. Lockwood, "1 2-7.) The attempts by County appear minimal but sufficient to meet their meet and confer requirement. Supplemental responses have been provided by Aron Garcia and Robert Madden. As such, this moton appears to be moot as to everything but sanctions as to...
2023.04.18 Motion to Strike, Demurrer 541
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.18
Excerpt: ...r an order of the court. (CCP S 436.) As with a demurrer, on a motion to strike "the court treats as true the material facts alleged in the complaint, as well as any facts Page 3 of 9 which may be implied or inferred from those expressly alleged." (Washington Internat. Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984 (footnote 2).) To support a demand for punitive damages under Civ. Code 53294, a plaintiff must plead and prove facts de...
2023.04.18 Motion to Stay Proceedings or Discovery 688
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.18
Excerpt: ...ildren's Services, Inc. ("Lifeplan") is an filiate of the MSFH, which is and was, at all relevant times, owned and operated by Morris. (ld. at 9.) Defendant Edward Lawrence Kerin ("Kerin") is Morris' husband. (ld. at 7.) Plaintiffs Angel Ramirez and Alberto Ramirez ("Plaintiffs") are the parents of Diane Ramirez ("Diane"), the decedent in this case. (ld. at 2.) On August 3, 2021, a Grand Jury issued an Indictment against both Morris and Kerin for...
2023.04.14 Motion for Summary Judgment, Adjudication 370
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.14
Excerpt: ...r Services Call Center Department. (Complaint, '18.) As a Team Manager, Plaintiff's job duties involved the day-to-day operations of customer service, managing a team of CSRs, and overseeing tens of thousands of calls per year that came into the call center during her shift. (ld„ '19.) Plaintiff held the position of Team Manager during the last three years of her employment. (ld., '18.) On November 29, 2021, Plaintiff alleges she took part in a...
2023.04.11 Motion to Compel Further Responses 084
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.11
Excerpt: ...isorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intimate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to being heavily intoxicated. Decedent was found dead on the floor of Kanukov's room where Kanukov admitted that Decedent had smoked heroin, w...
2023.04.06 Motion to Compel Further Responses 353
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.06
Excerpt: .... Plaintiff also request the imposition of monetary sanctions in the amount of $2,500 against Defendant on the grounds that Defendant served improper objections, evasive representations of inability to comply, and incomplete and inadequate responses.l At issue are RFPs 1, 2, 4, 5, 6 and 14. Plaintiff contends that it must obtain responsive documents to its RFPs, so that it can account of the present whereabouts of fts stolen corporate funds. Plai...
2023.04.04 Motion to Strike Complaint 188
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.04
Excerpt: ... former tenants of a multi-unit property, has brought this achon against Defendant Starlit Mgmt VI, LP ("Starlit"), for its alleged failure and willful refusal to make repairs and proper maintenance of the leased units. Plaintiffs are tenants who occupy Units 2, 3, and 4 of the subject multi-unit property. Plaintiffs complain of a long list of substandard, Page 8 of 10 uninhabitable conditions existing at their respective units, which pose a heal...
2023.04.04 Demurrer 432
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.04
Excerpt: ...5) Ralph Act Violation (Cal. Civ. Code S 51.7.) Defendants are several public entites and individual County and City employees. The present demurrer was been filed by Defendant City of Riverside ("Defendant," or "City of Riverside"). The Complaint alleges that on January 18, 2022, Decedent was shot at Travelodge, 2625 W. Florida Ave., Hemet, California. (Complaint, page 5 paragraph 21, lines 22-25.) Detective Kerr was a City of Riverside employee...
2023.04.03 Motion for Change of Venue 196
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.04.03
Excerpt: ...throw plates at her, and grabbed her by the arm, resulting on her to slip down four stairs. Another supervisor, Eric Theiss also made disparaging remarks, and when Plaintiff complained, he made her job more difficult. On 12/20/21, Plaintiff filed her complaint for: (1) sexual retaliation; (2) racial/national origin retaliation; (3) wrongful discharge in violation of public policy; (4) Labor Code 51102.5; (5) battery; (6) discrimination; hostile w...
2023.03.30 Motion to Compel Arbitration 078
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.30
Excerpt: ... rulings on common issues. (CCP S 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal .3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must attached and incorporated by reference. (CRC 3.1330; see also Condee v....
2023.03.30 Motion for Judgment on the Pleadings 882
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.30
Excerpt: ...parents that investments into the business were loans and not joint venture interests and that the investor would receive a fixed rate of 15 percent interest on profitable projects, with the investors paid in full regardless of whether the project lost money. Plaintiff alleges these representations were made to both him and the grandparents, but defendants had no intention of covering the losses, planning not to pay if the market turned. Based on...
2023.03.28 Demurrer to FAC 927
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.28
Excerpt: ...ses and mailing it to the Defendant at the premises. For commercial tenancies, if a person of "suitable age or discretion" cannot be found at the residence, service may be completed by affixing a copy of the notice in a conspicuous place on the property rented to the tenant and mailing a copy to the tenant at the address where the property is located. (CCP S 1162(b)(3)).) Accordingly, the FAC does not fail to state a cause of acton for unlawful d...
2023.03.28 Demurrer 353
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.28
Excerpt: ...ire Ins. Exchange (2010) 182 Cal.App.4th 990, 999.) "The covenant of good faith and fair dealing, implied by law in every contract, exists merely to prevent one contracting party from unfairly frustrating the other party's right to receive the benefits of the agreement actually made." (Guz v. Bechtel Nat. Inc. (20W) 24 Cal.4th 317, 349, citing Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1, 36.) A breach of the implied covenant of faith ...
2023.03.27 Motion for Relief from Waiver of Objections 503
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2023.03.27
Excerpt: ...of action: (1) violation of Song-Beverly Act — breach of express warranty, (2) violation of Song-Beverly Act — breach of implied warranty, and (3) violation of Song-Beverly Act section 1793.2. Defendant has filed a motion for relief from waiver. It provided late responses to requests for admissions. It contends that the handling attorney either did not see the email serving the discovery requests or did not realize that his secretary was not ...

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